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HomeMy WebLinkAbout071017_ca08Department of Public Works O Consent Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: July 10, 2017 Subject: Agreement for Camp Host at Oak Bay Campground Statement of Issue: Parks and Recreation has recruited a camp host for Oak Bay Campground. The camp host agreement is ready to be approved. Analysis/Strategic Goals/Pro's £t Con's: An on-site camp host is essential. The camp host provides supervision and other services that insure a safe and pleasant experience for all. The host plays a key role in the maintenance of the campground by `turning over' campsites, cleaning the grounds, and caring for the landscaping. Fiscal Impact/Cost Benefit Analysis: The camp host pays for propane, septic service, and phone, while Jefferson County pays for electric service, water and garbage service. The benefits of this small investment far outweigh the costs. Recommendation: Approve the agreement and return three signed copies to Public Works. Department Contact: Matt Tyler. 385-9129 Reyiewed By: Philip Morlil ount Administr r Date JEFFERSON COUNTY CAMP HOST AGREEMENT AGREEMENT made between Mary Anne and Ralph Jarvis, hereinafter referred to as the "Camp Host" and Jefferson County, State of Washington, hereinafter referred to as the "County". RECITALS: Camp Host is willing to enter into this Agreement with the County, and County is willing to retain the Personal Services of Camp Host, on the terms, covenants, and conditions set forth hereinafter. SECTION ONE - AGREEMENT. The County hereby retains the Personal Services of Mary Anne and Ralph Jarvis to serve as Camp Host of Oak Bay County Park located at 290 Cleveland St., Port Hadlock, Washington. The duties of Camp Host: see EXHIBIT A. SECTION TWO - TERM OF AGREEMENT. The term of this agreement shall be a period of seven months beginning April 1, 2017 and ending October 31', 2017, subject to prior termination as hereinafter provided. This agreement is renewable by mutual agreement of both parties. Camp Host shall request in writing said renewal not less than sixty (60) days prior to the expiration of this Agreement. SECTION THREE - COMPENSATION TO CAMP HOST. County shall provide for Camp Host, and Camp Host shall accept from the County, in full payment for Camp Host's services the following: see EXHIBIT B. SECTION FOUR - CAMP HOST BENEFITS. It is understood and agreed by both County and Camp Host that the Camp Host is an independent contractor with respect to the County and is not an employee of the County and shall receive none of the benefits available to Jefferson County employees including but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. It is further agreed by the County to cant' industrial insurance coverage on the Camp Host. SECTION FIVE - CAMP HOST'S INABILITY TO CONTRACT FOR THE COUNTY. Notwithstanding anything herein contained to the contrary, Camp Host shall not have the right to make any contracts or commitments for or on behalf of the County without first obtaining the written consent of the County. SECTION SIX - AGREEMENTS OUTSIDE OF CONTRACT. This contract contains the complete agreement concerning the personal services agreement between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties. SECTION SEVEN - MODIFICATION OF CONTRACT. No waiver or modification of this Agreement or of any covenant condition or limitation herein contained shall be valid unless in writing and duly executed by each party. SECTION EIGHT - TERMINATION. This agreement may be terminated by either party for any reason upon twenty-eight (28) day's written notice to the other. In the event of any violation by the Camp Host of any of the terms of this contract, County thereon may terminate this Camp Camp Host Agreement Pagel of S Host Agreement with notice and with compensation only to the date of such termination. Upon written notice from the County to the Camp Host that the County intends to terminate this Agreement based upon the Camp Host's breach of this Agreement the Camp Host shall have seven (7) days to cure or remedy the alleged breach to the satisfaction of the County's Public Works Department or that Department's designated representative. In the event of a severe breach of this Agreement as determined by the Department's designated representative, the County may prohibit the Camp Host from carrying out the day to day duties of the Camp Host described in this Agreement at any time deemed necessary by the County. SECTION NINE - PHYSICAL DEMANDS. The physical demands described herein are representative of those that must be met by the Camp Host to successfully perform the essential functions of the Camp Host position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the Camp Host's duties, the Camp Host is exposed to outside weather conditions. The Camp Host's duties require sufficient physical ability and mobility to perform heavy and light labor, occasionally lifting and/or moving objects up to 35 pounds. Tasks regularly include walking, standing, stooping, reaching, lifting, and repetitive motion. A good sense of smell, normal range of vision and hearing are required. Common eye, hand and finger dexterity is required for most essential functions. SECTION TEN - SEVERABILITY. All agreements and covenants contained herein are severable, and in the event of any of them with exception of those contained in Sections One and Three hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION ELEVEN - CHOICE OF LAW. It is the intention of the parties hereto that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of Washington and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action of special proceeding may be instituted. Venue for any civil lawsuit arising from this lawsuit shall be the Superior Court of Jefferson County. SECTION TWELVE - DUTIES OF THE CAMP HOST. It is understood by both the County and the Camp Host that the Camp Host agrees to complete the duties listed in Exhibit A in a conscientious and workmanlike manner. SECTION THIRTEEN - SAFETY POLICY. It shall be a condition of this Agreement that the Camp Host shall follow applicable safety practices and use appropriate personal protective equipment as set forth in the Jefferson County Safety Policy. The Camp Host shall be provided with not less than two (2) hours of training with respect to the County's Safety Policy. SECTION FOURTEEN - INDEMNIFICATION AND HOLD HARMLESS. Camp Host agrees and covenants to indemnify, defend, and save harmless the County and those persons who were, now are, or shall be duly elected or appointed officials or members or employees thereof, of the Camp Host Agreement Page 2 of 8 County, against and from any loss, damage, cost, charge, expense, liability claims, demand or judgment of whatsoever kind or nature whether to persons or property, arising wholly or partially out of any acts, action, neglect, omission, or default, on the part of the Camp Host. In case of suit or cause of action shall be brought against the County on the account any act, action, neglect, omission, or default on the part of the Camp Host, the Camp Host hereby agrees and covenants to appear and assume the defense thereof and to pay any and all costs, charges, attorney fees and other expenses, and any and all judgments that may be incurred or obtained against the County. In the event the County is required to institute legal action and or participate in legal action to enforce this indemnification and hold harmless clause, the Camp Host agrees to immediately notify Jefferson County in writing of any claim or suit against the County to which this paragraph applies. The indemnification provisions have been mutually negotiated between the parties. SECTION FIFTEEN - INSURANCE. Camp Host shall carry and shall provide proof of insurance with the following limits for the duration of this Agreement: 1. General liability insurance with not less than the following limits of coverage: $500,000 combined single limit occurrence of bodily injury and property damage. This liability insurance policy shall have a forty-five (45) day cancellation notice in the event of termination or material modification of coverage. 2. Automobile liability insurance in the following amounts for their personal vehicles Third party liability: Not less than $100,000/$300,000 Property damage: Not less than $50,000 Personal injury protection: Not less than the statutory minimum Uninsured/underinsured: Not less than is obtained by the Camp Host for third party liability Proof of insurance shall be in the form of a certificate of insurance naming the County as `additional insured'. County shall be informed 45 days in advance of any change in insurance, policy limits, or carvers. SECTION SIXTEEN - PERSONNEL POLICY. It shall be a condition of this Agreement that the Caretaker comply with the personnel policies of the Jefferson County Personnel Administration Manual including, but not limited to, the following: i. Appendix B - Code of Ethics Policies and Procedures; ii. Appendix C - Rules of Conduct Policies and Procedures; iii. Appendix E - Alcohol and Drug Free Workplace Policies and Procedures; iv. Appendix F - Anti -Harassment Policy Policies and Procedures; and V. Appendix G - Violence in the Workplace Policies and Procedures SECTION SEVENTEEN - PERSONAL PROPERTY. All personal property belonging to the Camp Host shall be removed by the Camp Host by the end of the term of this agreement. SECTION EIGHTEEN - NONDISCRIMINATION. The Camp Host will not discriminate against any person in performance of the Camp Host's obligations under this Agreement on the basis of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical Camp Host Agreement Page 3 of 8 disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the day of 120. COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Anne Dean, Member David Sullivan, Member Approved as to form only. Philip Hunsucker Date Deputy Prosecuting Attorney M to ers, P.E. at Public Works Director/County Engineer Canip Host Signa e aI 7 Date Date Camp Host Agreement Page 4 of 8 EXHIBIT A Jefferson County Camp Host Agreement for Oak Bay County Park Duties of the Camp Host (occupying one camper) The Camp Host shall: Be at Oak Bay County Park during hours of darkness and on weekends (normal coming and going at different hours is allowable, as long as no definite pattern is established). The camp host is encouraged to get away on vacations and trips on the weekdays and during the quiet season. The Parks and Recreation Division must be notified by the Camp Host if the Camp Host is planning to be away from the park for more than a forty-eight (48) hour interval. 2. Maintain designated Camp Host's area in a neat and orderly manner, e.g., weed and edge landscaped areas within the Camp Host's area, and keep area free of litter or accumulation of debris. 3. Inspect toilet, campsites, kiosk and general park areas on a daily basis and report vandalism or hazardous conditions. 4. Keep designated landscaped areas mowed, trimmed, weeded, and other maintenance as needed. 5. Clean the vault toilet and restock with toilet paper, clean fire rings as needed, clean the picnic tables as needed, pick up litter and debris and dispose of it on a regular basis. 6. Greet most campers when they arrive, orient them, and make them feel welcomed. 7. Supervise payment of correct fees. Supervise campers for compliance to camp rules and make appropriate interventions. Contact County Sheriff or Parks and Recreation Staff as needed. See Appendix C for more information. 8. Accept and agree to the general supervision of the County Department of Public Works or designated representative of that agency and complies with stated duties of the Agreement and other duties as assigned to him/her from time to time. 9. Work closely with parks maintenance staff, complete other duties as assigned on an as needed basis. 10. Expect a total weekly work load that will vary between 10 and 20 person -hours per week according to the season and the usage of the park. 11. Not engage in, conduct or condone any criminal activities at the County Park. Camp Host Agreement Page 5 of 8 12. Maintain at all times applicable to this agreement a valid Washington State Driver's License and provide the County's Parks & Recreation Manager with a copy of same. 13. Maintain at all times applicable to this agreement a valid registration for any personal vehicles and the recreational vehicle or fifth wheel being used as the Camp Host's residence and provide a copy of same to the County's Park & Recreation Manager. 14. Inform the Parks & Recreation Manager immediately if while performing assigned duties (s)he is involved in any incident or accident that may give rise to legal liability. 15. Inform the Parks & Recreation Manager upon signing this agreement of any health condition the County staff should be aware of in an emergency, for example, medications, allergies or pre-existing medical conditions. 16. Perform only those tasks that are within his or her knowledge, ability and physical capability. 1 1 Signa �� 1 IWte I Date Parks and Recreation Manager Signature Matt Tyler, ManDate I Jefferson County Parks and Recreation Camp Host Agreement Page 6 of 8 EXHIBIT B Jefferson County Camp Host Agreement for Oak Bay County Park Compensation to the Camp Host As part of the agreement as Camp Host of Oak Bay County Park, County shall provide for the Camp Host, and the Camp Host shall accept from the County, in full payment for Camp Host's services the following: 1. The designated Camp Host campsite on which to place and reside in his/her recreational vehicle. Recreational vehicle shall be no bigger than 30 feet long. No other individual is allowed to live with the Camp Host at the campsite. 2. Camp Host may keep one vehicle used for regular transportation at the Camp Host campsite. Additional vehicles such as boats, motorcycles or other recreational vehicles may not be stored at the site. All vehicles must have up to date licenses and registrations as required by the State of Washington. 3. County shall provide at no expense: electric, water, and garbage service. 4. Camp Host shall not engage in any commercial or for-profit enterprise on the designated Camp Host area or anywhere in the County Park. Camp Host ignature � Ja ar l7 Date Date Parks and Recreation Manager Signature & &, 2 �- 6 /X611 Matt Tyler, Mana r ate Jefferson County Parks and Recreation Camp Host Agreement Page 7 of 8 EXHIBIT C Jefferson County Parks and Recreation Caretaker and Camp Host Intervention Summary 1. The Caretaker and Camp — Host (the Host) may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Host may distribute copies of maps, rules, and brochures, may assist in locating a campsite, will be familiar with points of interest, and location of services that might be of interest to the visitor. The Host may assist in park public relations, education activities and special events. The Host will wear their badge and at least one garment or cap with a Parks and Recreation Logo. 2. The Host will not attempt to discipline or apprehend any park user. Host will report any minor disturbance or breaking of rules to the Parks and Recreation Manager. Major issues, crime, or serious emergencies will be reported to the Jefferson County Sheriff. 3. The Host is to inform visitors of rules and regulations. If the campers seem cooperative, the Host can ask them to correct the situation in a friendly manner. If the campers do not comply after one friendly reminder or intervention, then the Host is prohibited from making any further contact with that visitor. The Host must keep in mind that they may not receive immediate response from law enforcement. 4. In the event of a hostile visitor, a visitor that makes the Host uncomfortable, or in an unpredictable situation, the Host will leave the situation immediately and contact the appropriate party. 5. If the visitor's vehicle or campsite is vacant and a rule is being violated, the Host may leave written notice, using the pre-printed notice book. Camp Host Signa e ,A J)"L"Is a1 Date 4 uz a, Date Parks and Recreation Manager Signature f -V-\ CA V2 -4w- 4� bk�� 6Matt Tyler, Manage Jefferson County Parks and Recreation Camp Host Agreement Page 8 of 8